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Incorporate green card pathways into international recruiting

Incorporate green card pathways into international recruiting

Fast Company3 days ago
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The road to permanent residency in the United States is a major step for international entrepreneurs and professionals seeking to build lasting success in the American market. As the U.S. working-age population is projected to shrink over the next two decades without continued skilled immigration, attracting top-tier foreign professionals will be critical to the country's long-term prosperity. This is why understanding available green card pathways should be a key part of recruitment efforts.
THE IMPACT THAT INTERNATIONAL PROFESSIONALS HAVE ON THE U.S. MARKET
Retaining international talent directly translates into substantial economic growth and job creation in America. According to a 2022 National Foundation for American Policy report, 64% of the U.S.'s billion-dollar companies were founded or co-founded by immigrants or their children, and these companies create an average of 859 jobs each. Immigrants with advanced degrees may also be key to leveraging the critical and emerging technologies that can secure an innovative future. Of the full-time graduate students studying AI -related fields in American universities, 71% are international students. So it's clear that having a strong immigrant recruitment strategy will be vital for U.S. companies.
However, the race for this talent pool is becoming fiercer. Countries like Canada, Germany, and Japan are actively implementing new initiatives to attract skilled workers, with Canada even creating specific programs to welcome U.S. H-1B visa holders and their families. To compete, companies that provide immigrant workers with pathways to green cards will have advantages in leading the research, production, and transformation of the future.
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EDUCATE INTERNATIONAL HIRES ON GREEN CARD PATHWAYS
Permanent residency options have diversified to accommodate the increasing needs of foreign talent as well as the shifting financial dynamics of the world. Among these permanent residency options, certain ones stand out for their particular relevance to entrepreneurs and highly skilled professionals because they do not require employer sponsorship: the EB-1 visa for individuals of extraordinary ability and the EB-2 National Interest Waiver.
These options allow self-petitioning for the application. Bypassing the traditional requirement of employer sponsorship in this way provides entrepreneurs with a seamless application process. This flexibility simplifies various immigration procedures for startup founders who need to maintain control over their business operations while pursuing permanent residency.
EB-1: THE PATH FOR EXTRAORDINARY ABILITY
The EB-1 immigrant visa category is the premier option for professionals who have risen to the top of their fields. Entrepreneurs and professionals with a proven track record of extraordinary ability in business, sciences, arts, education, or athletics can apply for the EB-1. Recent policy changes have expanded the interpretation of evidence requirements, making this category more accessible to innovators in critical and emerging fields, including but not limited to artificial intelligence, biotechnology, advanced computing, and space technologies.
Employers often suggest the EB-1 route to candidates who have significant international recognition, particularly when hiring for leadership or highly specialized roles where retaining extraordinary talent is a strategic priority. Success in this category hinges on demonstrating sustained national or international acclaim with evidence like major awards, published material about the applicant's work, significant contributions to the field, and high remuneration. While sponsorship isn't necessary, employers can still play an important role in supporting candidates through this process by offering detailed letters attesting to the individual's extraordinary achievements, facilitating access to records of prior accomplishments, and assisting with evidence compilation to strengthen the petition.
EB-2 NATIONAL INTEREST WAIVER: INNOVATION FOR AMERICA'S BENEFIT
The EB-2 National Interest Waiver (NIW) is a highly sought-after opportunity for entrepreneurs and skilled professionals whose proposed work or endeavor can advance U.S. national interests. This pathway to permanent residency acknowledges that some ventures and talents are so valuable to the U.S. that they may be exempt from the traditional labor certification process. Similar to the EB-1, recent policy updates have clarified how to qualify for the NIW, particularly emphasizing contributions to critical and emerging industries and the U.S.'s global competitiveness.
In a nutshell, obtaining swift approval for a NIW application depends on three key elements (or prongs, as in U.S. immigration terminology): substantial merit and national importance of the proposed endeavor, the applicant's well-positioning to advance the proposed endeavor, and the benefits of waiving the job offer requirement. In that regard, for instance, founders whose businesses focus on technological innovation, healthcare solutions, or environmental sustainability can be ideal candidates for this green card category.
Employers often suggest the EB-2 NIW when candidates' work has a clear impact on national priorities—such as scientific research, advanced technology development, or public health improvements—and when they prefer to avoid the delays of labor certification. To strengthen their application, professionals should proactively gather evidence demonstrating the significance of their work, secure strong letters of recommendation from recognized experts in their field, and prepare a clear statement explaining how their expertise will benefit the United States.
As we navigate through 2025, the landscape of global immigration continues to evolve. Henceforth, companies must view immigration not as a separate administrative task but as an integral component of their business operations.The key will lie in collaborating with international hires early on, meticulously documenting the process, and ensuring alignment with a talent strategy tailored to long-term business benchmarks. Those who approach immigration strategy with this comprehensive mindset will be best positioned to thrive in tomorrow's world.
The super-early-rate deadline for Fast Company's Most Innovative Companies Awards is this Friday, July 25, at 11:59 p.m. PT. Apply today.
ABOUT THE AUTHOR
Muhammed Uzum is the founding attorney at Grape Law Firm PLLC. Read Muhammed's Executive Profile here. More
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